, 1887-07-03
LEGAL JUGGLING.
McCOy's Attorneys Desire a Change
of Judge During the Trial.
Ketchum Is Becoming Interested In
His 0wa Case.
Tall Maneuverina During the Alb
senCe of Judge Maginnis.

Corlett, Lacey & Riner, attorneys TOR
VIM. Mccoy. alias Dan Began, the man
now under indictment for the murder OF
Charles Gum at Lusk last fall, seem de-
termined to do all within their power to
save their client from a fate similar to
that of Trumble, the killer Of Chas.
Mlley.
Yesterday the attorneys filed a motion
with the clerk of the district court re-
questing a change of presiding Judge dur
ing the trial of Mccoy. The grounds for
this application are entirely covered by
McCoy's affidavit accompanying the
motion. Following is McCoy's deposit
ton:
WIN. Mccoy, being first duly sworn
on his own oath according to law, deposes
and says that he is defendant in the case
of the territory against VIM. Mccoy; that
he believes he cannot receive a fair and
impartial trial before VIM. l.. Maginnis,
presiding Judge of the first district court,
owing to the bias and prejudice of said
judge against him.
[Signed] 'WM. Mccoy"
AS Judge Maginnis is absentNfrom the
city no action will be taken upon the mo-
ton until his return. The case is set for
trial next Tuesday.
This is not the first instance wherein
McCoy's attorneys have attempted to de-
lay matters or have the defendant dis
charged from custody. On June 3 they
filed a demurrer and a motion to quash
the indictment, alleging that it was i'm
perfect and illegal. A motion for a con-
tinuance of the case until the next term
OF court was filed June 2S, at which time
the trial was docketed for June go. On
that day Prosecuting Attorney Stoll moved
for a continuance until July 5, on the
ground tn t very material witnesses for
the plaintiff had not been subpenaed.
The case was accordingly set for the date
mentioned.
From the proceedings instituted since
the return of the Indictment against Nc,
Coy, it has been evident that his attor-
news are determined to leave no stone un
turned to secure his release, while Prose-
cutting Attorney Stoll will %strenuously en-
deavor to convict the man.
Fisher and Thompson, attorneys for
Ketchum, the convicted p%eriurer, have
not been idle, and yesterday filed a motion
for a new trial of the case, accompanying
their modest request with a string of rea-
soning nearly as long as the criminal code
of Ohio.
First it is alleged that the verdict is not
sustained by the evidence; then the YER
dict is declared to be contrary to law. 1t
is also claimed that the court committed a
gross error in excusing VIM. Sturgis, Jr,,
from Jury service and substituting H. P.
Hynds in his place, after the former had
been accepted by both plaintiff and de
PENDANT; that the Judge erred in admitting
the evidence of John K. Jeffrey concern
ing court records; that the court exceeded
his latitude in charging the jury, and
failed to mention several material facts
and important interpretations of the law
in his charge.
The motion winds up with afidavits by
Attorney Thompson and Ketchum, the
defendant, setting forth that the latter
was absent several times during the pro-
gress OF the trial, a fact well known to a
number. Whether the defendants vol
untary absence will place a different face
IN the matter of course remains to be
seen. 1t shows, however. that he was
not as much interested in the case then as
he appears to be at present.